As used in this chapter, the following terms
shall have the meanings indicated:
PRIVATE PARTY
Any person, corporation, partnership, firm or other entity,
except the Village of Scarsdale and its various boards, councils,
commissions, committees, departments and agencies.
PUBLIC PARK PROPERTY
Parks which have been dedicated by resolution or local law
of the Village Board as "public park property."
Physical displays may be placed by private parties
on public park property only. Such placements shall be under the following
terms and conditions:
A. Designated display areas; commercial advertisement;
application.
(1) Chase Park and Boniface Circle shall be the designated
display areas. An alternate site to these display areas may be approved
by the Village Board when it has determined in consultation with police,
fire and building officials that those display areas are not the best
location in the interests of public health and/or because the physical
display would interfere with the primary uses of these parks and/or
because of traffic and safety hazards to motorists and people using
these parks.
(2) No physical displays containing commercial advertisement
will be permitted.
(3) Any private party wishing to place a display in a
permitted location shall submit an application to the Village Manager.
Such application shall include a description of the display, an accompanying
sketch or plan with sufficient detail. The plans shall clearly indicate
the method for anchoring the display to the ground. The application
shall be submitted at least 60 days prior to the first date the applicant
is requesting to place the display on public park property.
B. Determination.
(1) Upon receipt of the application, the Village Manager
shall forward a copy to the Police Chief, Fire Chief and the Building
Inspector to determine the structural soundness of the proposed display
and determine if such display is free from hazardous conditions.
(2) If the Police Chief, Fire Chief and/or Building Inspector
(hereinafter "village personnel") require further information to make
their determination, then they shall request the necessary information
from the applicant. The applicant shall supply all requested information
within five days of the request.
(3) Within 15 days of receipt of all necessary information,
village personnel shall advise the Village Board whether the proposed
display, as described herein, appears to be structurally sound and
free from any hazardous conditions. If the Village Board concludes
that the display is not structurally sound and free from any hazardous
conditions or if insufficient information has been submitted, no permit
shall be issued.
C. If it has been determined by the Village Board that
the proposed display is permissible under the above requirements,
a permit will be issued upon the filing by the applicant of any agreement
to defend, indemnify and hold the village harmless in connection with
the display, in a form to be approved by the Village Attorney, and
proof of insurance protecting the Village of Scarsdale in an amount
to be determined in each case by the Village Manager after consultation
with the Village Risk Manager. Such insurance shall be evidenced by
a certificate of insurance, which shall be submitted to the Village
Attorney for approval as to form and correctness.
D. Each display shall be accompanied by a sign placed
within four feet of such display and measuring 14 inches by 24 inches.
Such sign should state in black letters, one inch high, on white background
substantials as follows:
This __________________ has been erected and
(display) maintained solely by the (name
of group) , a private organization.
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E. Any utility cost resulting from the display shall
be paid for by the applicant.
F. Each display shall be erected in accordance with the
description submitted to the Village Manager as described above. No
display shall be more than seven feet high nor more than 12 feet long
and measure more than 280 cubic feet. No banner shall be more than
six feet high and 23 feet wide.
G. No display shall remain in place for more than two
weeks, and the applicant shall remove the display and restore the
property to the condition the property was in prior to the display's
erection.
Any person, firm, corporation or other entity
who knowingly violates this chapter shall be subject to a fine of
up to $250 per violation. Each day of violation hereof shall be deemed
a separate violation.